Two leaves measuring 12½ × 7½ inches (32 × 19 cm), with thirty-five printed lines (now very faded). Four slits at the top of each leaf’s recto suggest that the leaves were fastened together prior to inscription, as does the copyist’s method of inscribing the recto, turning the page, and then writing on the verso upside down in relation to the recto. The fasteners were subsequently removed and the leaves were folded for filing. The document has undergone conservation.

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

. Following the hearing, the transcript of proceedings was deposited in the Daviess County Circuit Court. At an unknown date, the transcript was removed from the circuit court. In 1923, historian Eugene Morrow Violette donated the document to the State Historical Society of Missouri, which has since maintained custody.

Sometime around late June 1838, the Society of the Daughter of Zion (soon renamed “Danites”) formally organized, and a constitution for the society was drawn up, outlining its basic structure and procedures. The constitution, which was allegedly approved by JS, was made public in mid-November 1838 when disaffected Latter-day Saint

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

Area settled, ca. 1814. Officially platted as Ray Co. seat, 1827. Population in 1840 about 500. Seat of Fifth Judicial Circuit Court of Missouri; also location of courthouse and jails. JS and about sixty other Mormon men were incarcerated here while awaiting...

Avard recounted the founding and development of the Danite society, an organization whose members Missouri state officials believed had sworn “the most horrid oaths to Circumvent the laws & put them at defiance, & to plunder and burn & murder & divide the spoils for the use of the Church.”

In his testimony, Avard asserted that JS was “the prime mover and organizer of this Danite band” and that JS envisioned the society to be “the means in the hands of God of bringing forth the Millenial Kingdom” that would destroy the “rotten” state of

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

generally—claims JS would later dispute. Despite Avard’s admission to having been an officer in the society, his cooperation with state officials and willingness to testify against JS guaranteed him immunity from prosecution.

Whittaker, David J. “The Book of Daniel in Early Mormon Thought.” In By Study and Also by Faith: Essays in Honor of Hugh W. Nibley on the Occasion of His Eightieth Birthday, 27 March 1990, edited by John M. Lundquist and Stephen D. Ricks, 1:155–201. Salt Lake City: Deseret Book; Provo, UT: Foundation for Ancient Research and Mormon Studies, 1990.

On 14 November, during Avard’s second day on the witness stand, he introduced the constitution of the society, explaining that the document was produced at the time of the society’s founding. Although Avard did not divulge who had written the constitution, he claimed that it had been “read to the first presidency,

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

’s prominent role in the early months of the Danite society is well established, most notably in JS’s journal. The earliest appearance of the word “Danite” in the historical record is in the journal that was kept for JS by

An article about the celebration in the Elders’ Journal, the church newspaper edited by JS, reported that Avard was publicly recognized as a “general,” even though he held no office in the state militia.

Robinson mentioned Avard in two additional entries in JS’s journal. On 8 July, Avard was present at a meeting with a small group of prominent church leaders when JS dictated a revelation regarding the Quorum of the Twelve Apostles. JS apparently dictated four other revelations in the same meeting, including one regarding church revenue.

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

Located in northwest Missouri. Settled by whites, by 1831. Described as being “one-third timber and two-thirds prairie” in 1836. Created specifically for Latter-day Saints by Missouri state legislature, 29 Dec. 1836, in attempt to solve “Mormon problem.” ...

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Mormon settlement in that region. County is transected diagonally from northwest to ...

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

’s specific claims regarding the constitution, however, presents a challenge, as he is the sole source for explicit information about the document. The constitution appears to be a genuine document that accurately reflects a summer 1838 context. During the previous year, internal dissent in

French explored area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut Western...

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

had challenged JS’s leadership as president of the church. In order to reinforce his position, JS and other church members in late 1837 emphasized that he presided over the entire church—not just over the

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Population in 1830 about 55 Latter-day Saints and 1,000 others; in 1838 about 2,000 Saints and 1,200 others; in 1839 about 100 Saints and 1,500 others. Mormon missionaries visited township...

“stake of Zion,” where JS lived, but including the church organization in Zion itself, in Missouri. For example, JS wrote a letter in September 1837 in which he referred to himself as “Prest of the Church of Christ of Latter Day Saints in all the world.”

In keeping with this and other documents from this period, the Danite constitution refers to JS as the “president of the whole church.” In addition, the constitution uses the organization’s official name, the Society of the Daughter of Zion,

The official name as given in the constitution was likely inspired by Micah 4:13: “Arise and thresh, O daughter of Zion: for I will make thine horn iron, and I will make thy hoofs brass: and thou shalt beat in pieces many people: and I will consecrate their gain unto the Lord, and their substance unto the Lord of the whole earth.” (See Corrill, Brief History, 32.)

rather than the much more popular nickname, the “Danites,” which was in use by late July.

JS’s journal entry for 27 July 1838 contains the earliest known usage of the name Danite: “we have a company of Danites in these times, to put to rights physically that which is not righ[t], and to clense the Church of verry great evils which hath hitherto existed among us, inasmuch as they cannot be put to rights by teachings & persuaysons.” In 1844 JS claimed that, perhaps inadvertently, he introduced the term Danite to the Saints in a discourse delivered in Far West in 1838, at a time “when the brethren prepared to defend themselves from the mob in Far West.” JS referenced Judges chapter 18—which describes the Israelite tribe of Dan—and stated, “If the enemiy comes the Danites will be after them, meaning the brethren in self defince.” (JS, Journal, 27 July 1838; Nauvoo City Council Rough Minute Book, 3 Jan. 1844, 36.)

Although reports of the group had reached the broader population of northwestern Missouri as early as September 1838, surviving evidence indicates that non-Mormons knew the group as the Danites rather than by the name the society had adopted when it was formally organized.

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

emphasized the apocalyptic passages from the biblical book of Daniel as well as Mormon concepts of the Kingdom of God as an alternative sovereignty, the constitution more closely resembles the common formatting used in founding documents of other early American voluntary organizations ranging from sewing circles and reading clubs to craft associations and reform societies. Vigilante groups in the antebellum

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

In line with other vigilante charters, the preamble of the Danite constitution invoked the American Revolution and quoted from the Declaration of Independence. The document also emphasized traditional doctrines of American vigilante ideology such as self-preservation, the right to resist tyranny and oppression, and popular sovereignty.

Following the preamble, brief articles patterned loosely after those of the United States Constitution established the society’s governing structure. The eight articles affirmed representative democracy, located executive authority in the First Presidency, framed legislative powers, specified qualifications and terms of office, granted suffrage to members within the society, limited disciplinary power, made provisions for record keeping, and adopted the customary military chain of command based on rank. Therefore Avard, in his testimony, had to present the document in a certain context in order to make it appear seditious and treasonous.

Whereas the constitution is likely authentic, caution is necessary with regard to some of the specifics of

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

’s testimony in the November 1838 hearing. For example, he testified that after the First Presidency reviewed and adopted the constitution, he “was instructed by the council to destroy it,” because “if it should be discovered, it would be considered treasonable.” The identity of “the council” is not specified; it may have been the First Presidency or the legislative body of the Daughter of Zion society laid out in its constitution. Avard then related that the constitution “was read, article by article to the Danite band and unanimously adopted by them.”

The constitution is not mentioned in any extant documents produced prior to Avard’s testimony, suggesting that the members of the society were generally unaware of its existence. Moreover, two witnesses at the November 1838 hearing,

, challenged Avard’s claim that the document was read and accepted by the assembled Danites. Corrill and Cleminson, both of whom had attended early meetings of the society, testified that they only learned of the constitution after Avard’s arrest in early November.

Avard may have made the statement about the constitution being read and accepted by the society to avoid a ruling that the constitution was irrelevant evidence. If the constitution were presented and accepted by the society, it could be used as evidence—in connection with the alleged activities of the Danites—to build a case for the state’s charge of treason. These and other problems with Avard’s testimony cast doubt upon its veracity.

In his March 1839 petition for a writ of habeas corpus, JS also challenged specific assertions in

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

JS’s statement can be read in various ways, ranging from a wholesale denial of the document’s authenticity to a targeted critique of specific claims. In any case, the constitution does not seem to have circulated widely among the rank and file of the society during the months after its composition.

Nevertheless, there are indications that elements of the constitution were followed by the society. As discussed above, the legislature of the society may have been constituted early in the society’s existence. Also, the constitution made provisions of “a Secretary whose business it shall be to keep all the Legislative records of the Society, and also to keep a register of the names of every member of the Society, also the rank of the officers.”

1814–23 Aug. 1894. Millwright, farmer. Born in Bainbridge Township, Chenango Co., New York. Son of Hezekiah Peck and Martha Long. Baptized into LDS church, ca. 1830. Moved from New York to Ohio and then to Kaw Township, Jackson Co., Missouri, Apr.–July 1831...

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

conflict the following year, after his disaffection from the church, stated that he was appointed “adjutant” of the society in late June or early July 1838, with instructions to keep the society’s records, and that “the lists and other papers” were brought to him to be recorded.

The constitution also laid out a command structure—the First Presidency holding executive supervisory authority and the “Captain General” as the commanding officer of the society, followed by subordinate generals and colonels—that other sources confirm were in operation in summer 1838. For example, JS’s journal entry about the early August 1838 expedition of Mormon men from

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Mormon settlement in that region. County is transected diagonally from northwest to ...

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

Given that the men named held these positions in the Danite society, it appears that the expedition leadership as described in JS’s journal followed the organizational structure as laid out in the Danite constitution.

This episode suggests that the First Presidency “adopted” the constitution as Avard claimed.

Like the U.S. Constitution and many other charter documents that were drafted before they were ratified or enacted, the Danite constitution does not bear a date. It was most likely drafted in connection with the formal organization of the society.

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

The organization emerged from a small group of men that first met in mid-June 1838 to discuss proposals for dealing with Oliver Cowdery and other excommunicated dissidents, discussions that resulted in the expulsion of the men from

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

on 19 June. The group apparently organized more formally as the Society of the Daughter of Zion sometime shortly after this initial meeting. The somewhat haphazard collection of signatures for the letter warning the excommunicants to leave Far West seems to reflect that the group was still in a relatively loose organizational condition.

Located in northwestern Missouri. Area settled, 1815. Created from Howard Co., 1820. Initially included all state land north of Missouri River and west of Grand River. Population in 1830 about 2,700; in 1836 about 6,600; and in 1840 about 6,600. Latter-day...

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

Robinson hastened to add that when the citizens of the adjoining counties had “come to hear the other side of the question their feeling were all allayed upon that subject especially.” However, this retrospective comment was made no earlier than 8 July and more likely, based on when Robinson apparently resumed regular journal keeping, in late July. That the dissenters would raise mobs had been a concern earlier. The letter warning Cowdery and the other dissenters to leave the county stated that they had already “breathed out threatning of mobs” against the Saints “and actually made attempts to with their gang to bring mobs upon them.” (JS, Journal, 8 July 1838; Letter to Oliver Cowdery and Others, ca. 17 June 1838.)

It may have been that the Society of the Daughter of Zion organized at about this time in order to prepare to defend the Saints from any mob action instigated in the neighboring counties by the expelled dissenters. Later, in 1844, JS explained to the city council in

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

Located in northwest Missouri. Settled by whites, by 1831. Described as being “one-third timber and two-thirds prairie” in 1836. Created specifically for Latter-day Saints by Missouri state legislature, 29 Dec. 1836, in attempt to solve “Mormon problem.” ...

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

Following Avard’s arrest in November 1838, the constitution passed into the custody of the Missouri state militia. Although the original constitution is not extant, it was copied three times in November. Major General

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

Whittaker, David J. “The Book of Daniel in Early Mormon Thought.” In By Study and Also by Faith: Essays in Honor of Hugh W. Nibley on the Occasion of His Eightieth Birthday, 27 March 1990, edited by John M. Lundquist and Stephen D. Ricks, 1:155–201. Salt Lake City: Deseret Book; Provo, UT: Foundation for Ancient Research and Mormon Studies, 1990.

The official name as given in the constitution was likely inspired by Micah 4:13: “Arise and thresh, O daughter of Zion: for I will make thine horn iron, and I will make thy hoofs brass: and thou shalt beat in pieces many people: and I will consecrate their gain unto the Lord, and their substance unto the Lord of the whole earth.” (See Corrill, Brief History, 32.)

JS’s journal entry for 27 July 1838 contains the earliest known usage of the name Danite: “we have a company of Danites in these times, to put to rights physically that which is not righ[t], and to clense the Church of verry great evils which hath hitherto existed among us, inasmuch as they cannot be put to rights by teachings & persuaysons.” In 1844 JS claimed that, perhaps inadvertently, he introduced the term Danite to the Saints in a discourse delivered in Far West in 1838, at a time “when the brethren prepared to defend themselves from the mob in Far West.” JS referenced Judges chapter 18—which describes the Israelite tribe of Dan—and stated, “If the enemiy comes the Danites will be after them, meaning the brethren in self defince.” (JS, Journal, 27 July 1838; Nauvoo City Council Rough Minute Book, 3 Jan. 1844, 36.)

Robinson hastened to add that when the citizens of the adjoining counties had “come to hear the other side of the question their feeling were all allayed upon that subject especially.” However, this retrospective comment was made no earlier than 8 July and more likely, based on when Robinson apparently resumed regular journal keeping, in late July. That the dissenters would raise mobs had been a concern earlier. The letter warning Cowdery and the other dissenters to leave the county stated that they had already “breathed out threatning of mobs” against the Saints “and actually made attempts to with their gang to bring mobs upon them.” (JS, Journal, 8 July 1838; Letter to Oliver Cowdery and Others, ca. 17 June 1838.)

Whereas in all bodies Laws are necessary for the permanancy, safety, and well being of society, we the members of the society of the Daughter of Zion do agree to regulate ourselves under such laws as in righteousness shall be deemed necessary for the preservation of our holy religion and of our most sacred rights, and the rights of our wives and children. But to be explicit on the subject, it is especially our object, to support and defend the rights confered on us by our venerable sires, who purchased them with the pledges of their, lives, their fortunes, and sacred honours—

And now to prove ourselves worthy of the liberty confered on us by them, in the providence [p. [10]]

Whereas in all bodies Laws are necessary for the permanancy, safety, and well being of society, we the members of the society of the Daughter of Zion do agree to regulate ourselves under such laws as in righteousness shall be deemed necessary for the preservation of our holy religion and of our most sacred rights, and the rights of our wives and children. But to be explicit on the subject, it is especially our object, to support and defend the rights confered on us by our venerable sires, who purchased them with the pledges of their, lives, their fortunes, and sacred honours—